RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2512, 6 March 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day, (Before A. C. Strode, Esq., R.M.) Mr Macassey applied for the appointment of a day for hearing the cases for the prosecution on the charge of libel, Regina on the information of Henry Driver, v. Dick, and Regina v. MLeod. It was decided to remand the defendants to Friday. CHARGE OP LIBEL. Regina v. Barton—adjourned case. W, Lawson Mailer, purser of the Rangi-

toto, examined by Mr Macissey' In the months of September and October last he was purser of the Gothenburg. That vessel left Melbourne about the middle of Sept., on a Saturday afternoon, and brought the English mail news. He received a telegraph:c despatch from Mr Hultou for the Wellington Independent. It was in a closed envelope He delivered it to the telegraphic operator at the Bluff, together with a second edition of the Melbourne Argus. He did not open the envelope nor add anything to the message ; n.r did he ever say to Mr Hay that he had done so. The Gothenburg stopped off Queeiiscliff. He did not know that a despatch was put on board there for the Otago Daily Times. He did not see any such message during the voyage, but heard that one had been received, though he never heard the contents of it. The second was the latest edition of the Argus published before leaving Hobson’s Bay. The statement made by Mr Hay as to the alleged conversation with the witness respecting the instructions given by Mr Hutton to add the latest Items to the message, was false. There was a conversation between Mr Hay and hi nself about six weeks after the publication of the news, a id he stated that at the Argus office he heard a portion of the contents of the third edition. He believed be told Mr Hay tiiat he heard that Franco had be in declared a republic. He did not state to Mr Hay he had made additions to the telegram.. He gave the information to the telegraphic operator in writing. Cross-examined by Mr James Smith : The information was not addressed to anyonfe in particular, but for general information to the Colony of New Zealand. They were the three principal items in the telegraphic news, published in the second and third editions of the Argus He would not swear he did not direct it to bi sentt) the Wellington Independent He recollected a person, whom he believed to be Mr Lemon, speaking to him about the telegraphic news. He did not recol’ect telling Mr Lemon he had forwarded the information he had alluded to to the Independent, but would not swear he had not. Ho did not instruct the operator at the Bluff to charge the cost of the message to the Independent, but handed his own memorandum with Hutton’s despatch for the Independent. He never previously handed in a memorandum of his own containing items of intelligence. Hon. W. Gisborne, again exami ed : He was personally acquainted with Mr Follcfc Ha I combe, of Wellington, who is connected by marriage wifh ■ r Fox. He was not aware of any private airangeinent existing oi the Ist of December, 1860, by which the Well'ngton Independent was enabled to send and receive messages from Auckland via Napier without charge for the telegrams. He was not ce tain whether he was acting as Telegraph (’ommissioncr at the date. If Mr Halcmnbe stated what was represented, so far as he knew t was incorrect. So far as he knew, none of his colleagues had availed themselves of Bress telegrams without the consent of the senders. lie locked up the copy of Mr Stafford's speech, and afterwards burnt it. When Mr Vogel came to Dunedin he was aware of that telegram having been received. He did not inform Mr Vogel that (in arrangement had been made taat the Daily Times should l e charged half rate on condition of furnidiing a copy to the Government. The general manager asked authority to charge the Daily Times half-rate, which was given. He understood Mr Vogel had made a statement thiit apoh an arrangement was made.

Cross-examined by Mr Smith : All telegrams transmitted are ultimately placed in the central office in Wellington, in the custody of the Telegraphic Gommis ioner. Since t v e Eur <pean war commenced, the practice has been established for the Government to receive if. shoit telegram containing the principal items of intelligence compiled from public sources of information, by the Chief Officer of Customs of different ports, when the mail arrive s. The summary not to exceed 100 words. Mr Vogel and Mr E. Fox, his secretary, were both put of the Colony. [Left sitting.]